Friday, June 27, 2014

E-Filing for Florida pro se litigants - Be Careful What you Wish For.

As of June 21, 2014, Florida pro se litigants can e-file their court documents in all counties and circuits throughout the state. E-filing has been in place for attorneys for some time, and this move may level the playing field for pro se litigants. Or it may prove to be yet a new barrier to court access. Only time will tell.

In the past, pro se litigants have struggled to meet the requirements of court filings. A few circuits have active pro se help desks that benefit consumers by making sure that their documents are complete and correct. However, in many other circuits pro se litigants' access to the legal system is effectively obstructed by clerks of court who reject pro se litigants documents for errors or missing forms. It remains to be seen how this will play out with e-filing.

Even worse, in the past, pro se filings sometimes languish in legal limbo due to a deficiency. Frequently, pro se litigants experience immense frustration when dealing with the court system. Consumers are often met with a non-answer from a court clerk - "We are prohibited from giving legal advice". Fair enough, however, when the clerks select forms for pro se litigants by refusing to accept their documents for lack of a form, is that not also legal advice according to the Florida Bar UPL rules?

I don't mean to sound negative, and am trying to keep an open mind. Any step forward in court access for consumers is a good thing. I only hope that the automated e-filing system doesn't create additional barriers. To learn more about e-filing for pro se litigants go to www.myflcourtaccess.com.


If you have already used the pro se e-filing system, please comment.

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